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Mexican Law/Inherited property in Mexico

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Question
My mom passed away nearly a year ago. There is a last will and testament and a living trust.My mom and step- father (passed in 2004), owned two homes here in the United States, my mom who was born in Mexico was the sole owner of beachfront vacation property in Baja California. Rosarito to be exact. There are five beneficiaries, myself, older sister, and older brother. My step father had two children so they are step sister and step brother. Everything has been sold liquidated and dispersed to us beneficiaries in five equal shares. My brother and step brother acted a successor trustees. The trust has been closed and they have both been released or no longer responsible for anything related to the trust. Since my mother was sole owner of the separate property. It was to be split three ways between me brother and sister. This property was is not listed in the living trust I was told because its in mexico. My brother successor trustee said it will be dealt with separately for that reason. My mom assisted all three of us in receiving dual citizenship. My brother and sister want to keep the house. I personally don't want anything to do with it. The three of us do not see eye to eye and id prefer not to venture into any business arrangements as co owners of this property. My mothers suggested it be sold and divided intio thirds once lioquidated.
Its almost been a year and nothing is happening. W@hat do I do to speed up the process? I would like to retrieve my one third or have them buy me out. I have other investment plans for my share of the money from this house. Please point me in the right direction....thank you

Answer
Dear Anthony,

You need to ask your brother what he has done regarding the house in Baja. Assuming there is a will which mentions the house, you have two options, 1) Initiate an intestate sucession proceeding in a Juzgado de Primera Instancia in Rosarita or 2) Have a Notario in Rosarita handle the affair. The Notario option is quick and easy but there might be a fairly hefty fee.

In any case, the will needs to be translated and have an apostille attached before it will be valid in Mexico.

Hope this helps...

Lic. John Lee Ward
Córdoba, Veracruz

Mexican Law

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John Lee Ward

Expertise

I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.

Experience

Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Education/Credentials
Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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